Monsanto Tells 9th Circ. GMO Foes Can’t Appeal Law’s Nixing

By Emily Field, Guest Blogger

Monsanto says only Maui’s Mayor can defend our Election Win in court.  And we know how much Arakawa loves Monsanto…  Here’s Alan lying to the public for Monsanto:

Law360, New York (October 29, 2015, 11:41 PM ET) — Monsanto told the Ninth Circuit on Thursday that a bid by a citizens coalition trying to revive a Maui County, Hawaii, law restricting genetically modified crops should be dismissed for lack of standing since the citizens aren’t elected officials or county agents.

According to Monsanto Co., the appeal brought by the Shaka Movement — which sponsored the ballot initiative for a county ordinance restricting the cultivation of genetically modified crops — should be dismissed for lack of standing since Maui County itself hasn’t appealed a district court decision that struck down the law on preemption grounds.“In this case, the only adverse party with a direct stake in the outcome — the county — has chosen not to appeal. The only parties pressing an appeal are the initiative proponents, who intervened below to defend the constitutionality of the ordinance they proposed and supported.”Monsanto says U.S. Judge Susan Oki Mollway’s June ruling didn’t injure the group in any constitutional sense.

The judge didn’t order them to do anything, or to stop doing something, and under theU.S. Supreme Court ruling in Hollingsworth v. Perry — which held that backers of California’s ban on same-sex marriages lacked standing to defend the law — the fact that the group sponsored the initiative didn’t give them the direct stake in the outcome of their appeal that would confer standing, Monsanto argued.

“[Hollingsworth v. Perry] establishes a bright-line rule: The only party with a cognizable independent interest in defending the constitutionality of a generally applicable local law is the locality, and the only persons permitted to assert that interest in federal court, accordingly, are the locality’s elected officials or other agents,” Monsanto said.

In June, the judge said the ban directly conflicted with a 1987 regulation enacted by the U.S. Department of Agriculture that allows genetically engineered organisms under certain circumstances, and is therefore expressly preempted by the federal Plant Protection Act.

Judge Mollway also ruled that the ban was preempted by state law and it exceeds the authority delegated to Maui County, as stated in the Maui County Charter.

Monsanto, Dow subsidiary Agrigenetics Inc. and the Hawaii Farm Bureau Federation of Maui County brought their suit just days after the ballot initiative was approved, with 51 percent of the vote, in November. Dow and the other parties claimed the ordinance would hurt Hawaii’s seed industry, which contributes $84 million annually to the local economy.

Shaka has argued that the ordinance is needed to protect the health of local citizens and environmental resources.

However, Monsanto contended that the group has demonstrated “no concrete personal stake” in the ordinance, and that its members offer little evidence that they have have personally suffered any harm from genetically engineered farming or any reason for future harm.

“That is hardly surprising,” Monsanto said. “[Genetically engineered] farming has co-existed in the county for many years without causing any harm to the county or its residents.”

Counsel for both parties declined comment Thursday.

The appellants are represented by A. Bernard Bays, Karin L. Holma and Michael Charles Carroll of Bays Lung Rose & Holma.

The respondents are represented by Paul D. Alston and Nickolas A. Kacprowski ofAlston Hunt Floyd & Ing; Christopher Landau of Kirkland & Ellis LLP; Richard P. Bress, Philip J. Perry, Andrew D. Prins and Jonathan Y. Ellis of Latham & Watkins LLP; and Margery S. Bronster and Rex Y. Fujichaku of Bronster Fujichaku Robbins.

The case is Robert Ito Farm Inc. et al. v. County of Maui et al., case number 15-16552, in the U.S. Court of Appeals for the Ninth Circuit.

We know how maui’s mayor Alan Arakawa thinks bout GMO’s here he is lying to the public, saying that under the GMO moratorium police will raid you backyard to see if GM seeds from dog food has sprouted and is growing in violation of the law. What an ….

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2 thoughts on “<h1 class="entry-title">Monsanto Tells 9th Circ. GMO Foes Can’t Appeal Law’s Nixing</h1>”

  1. To hell with you, monsatan, arakawa…you cannot serve the god of lies, of selfish greed and murder, yet also serve the God of eternal Life/Truth/Consciousness…for it is like trying to ride on the backs of two asses headed in opposite directions. You are a disgrace to an awakened, enlightened, enlivened, unified humanity. You have rejected both your own humanity—for the sake of temporal shit, wealth and imagined security—as you have rejected and defiled all humanity, all life on earth, and the life of earth itself by supporting the insane earth-poisoning, nature-subverting methods and agenda of monsatan.
    What profit hath he who has gained the whole world and all its wealth…yet thereby loses the peace of his eternal soul? What fool makes such a shitty deal in sacrificing his life/soul—along with a callous clueless willingness to sacrifice all earthly lives—for the sake of mere temporal ego-aggrandizement???!!!
    In other words, Arakawa, you ultimately lose AND you’ve simultaneously sold out on all the rest of us, too. And all we seek is WIN/WIN…FOR THE BETTERMENT OF ALL; yet you have chosen lose/lose, a great loss both for yourself and for all other living beings. But you are the biggest loser, still…because we will be keeping the integrity of our eternal souls, while only God and satan know what tortures satan has planned for any who are willing to bargain with him…against ALL OTHER LIFE ON THE PLANET. Your mama and papa really didn’t do a good job of raising you up right, after all. Or…is it not the fault of your parents, but your own massive failure in wisdom, responsibility and integrity?
    Well, instead of continuing on the crooked path as monsatan’s Mayor OurCoward of Maui County, you may instead choose to make a complete and courageous about-face for truth, for life, for sanity, and for humanity. If in any moment you decide you’d prefer to be a real hero—and to keep your eternal soul—regardless what happens to your temporary wretched wreck of a bribed, politicized human ego-body…by telling monsatan the deal is off, over, and done, and that you’ve decided that you will return all the gifts they have given you because you want your soul back, along with the praise and admiration of all your ancestors, and of your life- and truth- and health-loving citizen-constituents of Maui, and of all your descendants hereinafter, as well.
    Come on, Alan Arakawa…show us all, prove to us all, that you really are an akamai kind of guy after all…and God bless us all.


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